The ICO legal guidance on the DPA says that children under 16 can exercise
any rights under the DPA if they have a general understanding of what that
means (see section 4.1.6 in relation to subject access requests made by
children). Children over 12 are presumed to be sufficiently mature to
understand these issues. Therefore if the children you are dealing with are
14 and over, there should be no problem with getting consent directly from
them.
If children are under 12, the guidance says that the data controller must
judge whether the child does in fact understand the issues. If they don't,
the parent/guardian must consent on their behalf.
Hope this helps.
Valerie Taylor
Privacy Solutions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Geoff Smith
Sent: 07 October 2002 17:14
To: [log in to unmask]
Subject: [data-protection] Photographs - School students
I am aware that various discussions have taken place about photographs. I
am interested in how other institutions, particularly universities, deal
with the issue of taking photographs of school students.
Like many universities we are involved in an increasing number of widening
participation activities with school students, particularly 14 - 19 age
range, coming into the University to do various things. Those who run such
activities are keen to take photos of happy,interested children and publish
them on the web or in publicity brochures. Also most of the photos they
wish to use include clearly recognisable children rather than
general 'crowd scenes'.
My understanding is that photos are personal data and that to publish
photos of clearly recognisable individuals requires permission.
My first question is up to what age do parents have to give permission
rather than the students themselves ?
If parents have to give permission, is there a practical way of organising
this, given that University staff will not know who the children are, or,
with some multi-school activities, which school they are from ?
Can the onus be put on the school to gain permission ?
Is it reasonable to make acceptance of the possible publication of photos a
condition of taking part (with the reassurance that photos will not be
published if they are in any way demeaning, inappropriate etc.) ?
Any practical solutions that allow us to take photos but don't clearly
contravene data protection welcome !
Thanks
Geoff Smith
Principal Officer
University Secretariat
Sheffield Hallam University
City Campus
Howard Street
Sheffield
S1 1WB
Tel: 0114 225 3854
Fax: 0114 225 3498
Email: [log in to unmask]
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